presumption

pre·sump·tion/pri-'zəmp-shən/n: an inference as to the existence of a fact not certainly known that the law requires to be drawn from the known or proven existence of some other fact

conclusive presumption: a presumption that the law does not allow to be rebutted – called also irrebuttable presumption; comparerebuttable presumptionin this entry

mandatory presumption: a presumption that a jury is required by law to make upon proof of a given fact comparepermissive presumptionin this entry

permissive presumption: an inference or presumption that a jury is allowed but not required to make from a given set of facts – called also permissive inference; comparemandatory presumptionin this entry

presumption of fact: a presumption founded on a previous experience or on general knowledge of a connection between a known fact and one inferred from it

presumption of innocence: a rebuttable presumption in the favor of the defendant in a criminal action imposing on the prosecution the burden of proving guilt beyond a reasonable doubt

presumption of intent: a permissive presumption that if a criminal defendant committed an act it was his or her intent to commit it

presumption of law: a presumption (as of the innocence of a criminal defendant) founded on a rule or policy of law regardless of fact

presumption of survivorship: the presumption in the absence of direct evidence that of two or more persons dying in a common disaster (as a fire) one was the last to die because of youth, strength, or other reasons rendering survivorship likely

rebuttable presumption: a presumption that may be rebutted by evidence to the contrary compareconclusive presumptionin this entry

- Semper qui non prohibet pro se intervenire, mandare creditur. — He who does not prohibit the intervention of another in his behalf is deemed to have authorized it

- Probatis extremis, praesumuntur media. — The extremes having been proved, those things which lie between are presumed

- In favorem vitae, libertatis, et innocentiae, omnia praesumuntur. — Every presumption is made in favor of life, liberty and innocence

- Nulla impossibilia aut inhonesta sunt praesumenda; vera autem et honesta et possibilia. — No things that are impossible or dishonorable are to be presumed, but things that are true and honorable and possible

- Omnia praesumuntur legitime facta donee probetur in contrarium. — All things are presumed to be lawfully done, until the contrary is proven

- Lex neminem cogit ostendere quod nescire praesumitur. — The law compels no one to divulge that which he is presumed not to know

The act of presuming; the use of existing facts to infer other facts that are assumed to be true until they are rebutted; an assumption that must be made by a court if certain facts are shown and that will stand until other facts are presented to rebut it.

in the law of evidence, certain assumptions either of fact, judicial decision or statute that must be rebutted, that is, controverted by evidence, or the assumptions will stand as effective proof. Presumptions in law include: (i) presumption in favour of life; (ii) presumption of ordinary physical condition; (iii) pater est quem nuptiae demonstrant, or 'the husband of the woman who has a child is presumed to be the father'; (iv) presumption of innocence in criminal cases and against wrongful acts in civil matters; omnia prae-sumuntur rite et solemniter acta, or 'a presumption in favour of regularity and validity'; (v) presumption from business, such as donatio non praesumunitur, 'that against donation'.

Both England and Scotland presume death in certain cases. In England a person is presumed dead if he has not been heard of for seven years. In Scotland, the Presumption of Death (Scotland) Act 1977 provides that a person may be presumed dead if the court is satisfied that he has died or has not been known to be alive for a period of at least seven years. Presumptions of fact are really no more than cases where it is reasonable and likely that a court will infer a state of affairs from other facts. Thus, a person in possession of recently stolen property may be presumed to be the thief, but this can be rebutted by showing that he had found them and was taking them to the nearest police station when apprehended. The maxim res ipsa loquitur ('the happening speaks for itself'), once treated as a matter of law, is no more than a very strong inference. If an accident happens, caused by something that is under the defender's control and in such a way that, if well operated, it should not have happened, then res ipsa loquitur, 'and the incident is eloquent of negligence.'

Collins dictionary of law.
W. J. Stewart.
2001.

presumption

A rule of law that permits a court to assume a fact is true until such time as there is a preponderance of evidence which disproves or outweighs the presumption. A presumption shifts the burden to the opposing party to prove that the assumption is untrue.

n. A legal assumption that something is a fact based upon another proven fact or set thereof. The presumption is given sufficient weight, once established, that an even greater amount of evidence to the contrary would be needed in order to contravene it. It has the effect of shifting the burden of proof or that of producing evidence to the opposing party.

conclusive (non-rebuttable) presumption. A presumption that no amount of evidence or argument is strong enough to overcome.

=>> presumption.

@ rebuttable presumption

A presumption that is strong enough to make a prima facie case, but that is subject to being overcome by the presentation of stronger evidence to the contrary.

=>> presumption.

@

Webster's New World Law Dictionary.
Susan Ellis Wild.
2000.

presumption

A conclusion made as to the existence or nonexistence of a fact that must be drawn from other evidence that is admitted and proven to be true. A rule of law.

Dictionary from West's Encyclopedia of American Law.
2005.

presumption

A conclusion made as to the existence or nonexistence of a fact that must be drawn from other evidence that is admitted and proven to be true. A rule of law.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

presumption

n.

a rule of law which permits a court to assume a fact is true until such time as there is a preponderance (greater weight) of evidence which disproves or outweighs (rebuts) the presumption. Each presumption is based upon a particular set of apparent facts paired with established laws, logic, reasoning or individual rights. A presumption is rebuttable in that it can be refuted by factual evidence. One can present facts to persuade the judge that the presumption is not true. Examples: a child born of a husband and wife living together is presumed to be the natural child of the husband unless there is conclusive proof it is not; a person who has disappeared and not been heard from for seven years is presumed to be dead, but the presumption could be rebutted if he/she is found alive; an accused person is presumed innocent until proven guilty. These are sometimes called rebuttable presumptions to distinguish them from absolute, conclusive or irrebuttable presumptions in which rules of law and logic dictate that there is no possible way the presumption can be disproved. However, if a fact is absolute it is not truly a presumption at all, but a certainty.

Look at other dictionaries:

Presumption — • A product of pride, and a vice opposed to the theological virtue of hope • A term signifying a reasonable conjecture concerning something doubtful, drawn from arguments and appearances, which by the force of circumstances can be accepted as … Catholic encyclopedia

Presumption — Pre*sump tion (?; 215), n. [L. praesumptio: cf. F. pr[ e]somption, OF. also presumpcion. See {Presume}.] 1. The act of presuming, or believing upon probable evidence; the act of assuming or taking for granted; belief upon incomplete proof. [1913… … The Collaborative International Dictionary of English

presumption — pre‧sump‧tion [prɪˈzʌmpʆn] noun [countable, uncountable] LAW the act of thinking that something is true because it seems very likely, although there is no proof: • The amendment would create a legal presumption. presumption of • The claims… … Financial and business terms

presumption — (n.) mid 13c., seizure and occupation without right, also taking upon oneself more than is warranted, from L.L. praesumptionem confidence, audacity, in classical Latin, a taking for granted, anticipation, from praesumere to take beforehand, from… … Etymology dictionary

Presumption — In the law of evidence, a presumption of a particular fact can be made without the aid of proof in some situations. The types of presumption includes a rebuttable discretionary presumption, a rebuttable mandatory presumption, and an irrebutable… … Wikipedia

presumption — pre|sump|tion [prıˈzʌmpʃən] n 1.) something that you think is true because it is very likely presumption that ▪ the presumption that their wealth is the result of crime on the presumption that ▪ On the presumption that the doctor knows best, I… … Dictionary of contemporary English

presumption — noun ADJECTIVE ▪ strong ▪ general ▪ There is a general presumption that fatty foods are bad for your heart. ▪ correct ▪ It seems his presumptions were correct … Collocations dictionary